The ordinary criminal procedure
The ordinary procedure or ordinary trial in the criminal field is that process reserved for the prosecution of the most serious crimes. Specifically, for those who are punished with prison sentences of more than 9 years. We can help you At Dexia Abogados we are lawyers specializing in procedural law . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US Regulation and competent body The ordinary procedure, also called summary or common, is applied when the most serious criminal acts are committed, punishable by a prison sentence of more than 9 years. The scope of application is included in article 757 of the Criminal Procedure Law in a reverse manner, as it establishes that the abbreviated procedure is used for the prosecution of "crimes punishable by imprisonment of no more than nine years, or with “any other penalties of a different nature, whether single, joint or alternative, whatever their amount or duration.
To determine whether the appropriate procedure is the ordinary procedure, the penalty established in the Penal Code in the abstract for the crime prosecuted is taken into account and not the specific penalty requested by the parties in their written conclusions. Furthermore, it applies regardless of the degree of consummation and participation. The competent body for instruction is: The investigating judge of the place DM Databases where the crime was committed, The judge of violence against women (although only when it comes to the crimes established in article 14.5.a LECrim ) related to the victim 's domicile . Or the central investigating judge for the crimes of article 65 LOPJ. However, the competent body for prosecution is the Provincial Court of the place where the crime was committed or the National Court for the crimes of article 65 LOPJ. Phases of the ordinary procedure in the criminal field The procedure begins with notification of the occurrence of a criminal act through a complaint , complaint or ex officio initiation .
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From here, the processing of the ordinary procedure is made up of three phases. 1. Instructional or summary phase According to the provisions of article 299 LECrim , the summary is made up of the actions aimed at preparing the trial “and carried out to find out and record the perpetration of the crimes with all the circumstances that may influence their classification, and the guilt of the perpetrators. criminals, securing their persons and their pecuniary responsibilities.” That is, this phase serves to investigate the facts, identify the perpetrator and adopt the appropriate precautionary measures . Now, this information is not evidence as such, but rather serves to prepare for the oral trial and provide necessary elements for the prosecution and defense. Likewise, in this phase up to four separate pieces can be formed: Main piece . It includes the actions and investigation of the crime. Personal situation piece. It contains the precautionary measures imposed on the accused. Civil liability piece.
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